
Photo by Whitehorse Star
GRAHAM BELAK; SHAWN McLAUGHLIN
Photo by Whitehorse Star
GRAHAM BELAK; SHAWN McLAUGHLIN
The husband of the woman accusing two RCMP officers of sexually assaulting her after a party in Watson Lake took the stand this morning in the trial of constables Graham Belak and Shawn McLaughlin.
The husband of the woman accusing two RCMP officers of sexually assaulting her after a party in Watson Lake took the stand this morning in the trial of constables Graham Belak and Shawn McLaughlin.
The couple had moved to Watson Lake in March of last year, less than a week before the party and alleged assault, according to testimony from the husband, who cannot be named due to a publication ban on the identity of the victim.
"It was kind of an adventure, to try something new,” is how he described the couple's relocation from the Greater Toronto Area to a tiny border community in the Yukon.
The pair was getting settled in their government-provided house and exploring the community when they were befriended by Sean Walsh.
Walsh had invited the couple to a dinner with other guests that week, which they attended, and then to a small party at Walsh's house on Saturday, Mar. 8, 2009.
Yesterday, during the first day of the trial, Walsh testified that the alleged victim was the first guest to arrive at the party at approximately 7:30 p.m., and the pair each had a drink and chatted for about an hour before more guests arrived.
This morning, the husband told the court he lamented his decision to skip the gathering.
"I have great regret at not having participated in the events of the night,” he said. "Things would've worked out differently if I hadn't been paying attention to sports.”
Under examination by Crown prosecutor Robert Beck, the husband said he discovered earlier on Mar. 8 that he could watch professional soccer and hockey from the cable package at his new Watson Lake address and became wrapped up in the day's broadcast.
While the husband testified he watched hockey until early Sunday morning, yesterday Walsh told the court about what he witnessed at the party, answering questions about who attended and on the interaction between the alleged victim and the accused constables.
At approximately 10:30 p.m., according to Walsh, Belak, and McLaughlin, with Const. Louis Allain trailing closely behind, arrived at the party.
The trio of off-duty police officers had consumed several beers each while watching a pay-per-view Ultimate Fighting card on television prior to arriving at Walsh's.
Allain testified to this during Monday's proceedings.
Also at the party were three off-duty Emergency Medical Services paramedics and one of their girlfriends.
As casual drinking and socializing ensued, Walsh presided over what's known in Newfoundland, Walsh's home province, as "Screeching In”.
Walsh said at around 11 p.m., several people at the party, including McLaughlin, Belak and the alleged victim, took part in the ceremony that involved drinking a shot of Newfoundland rum and biting the head off a caplin, a small saltwater fish.
According to Walsh's recollection of events, the alleged victim was "pretty flirty with Shawn ... sitting on his lap.”
"It seemed a little odd to me,” added Walsh. "She was paying a lot of attention toward (McLaughlin) and nobody else.”
Photographic evidence was produced illustrating several scenes captured at the party.
They included the alleged victim sitting on McLaughlin's knee and another with the woman sitting between McLaughlin and Belak with her hands on both men's laps.
When a few guests moved to Walsh's basement to look at some weight training equipment, Walsh told the court the alleged victim bounced on an exercise ball in front of McLaughlin.
"There was just straight eye contact with Shawn ... the two of them were facing each other.”
When asked by Belak's lawyer, Andrew McKay, if Walsh considered the alleged victim's stares as "seductive”, Walsh agreed.
At around 2:30 a.m., Walsh said Belak, McLaughlin and the alleged victim left the party together. At this point, Walsh had run out of beer and noted that before the three left, Belak made what appeared to be an open invitation to his house, where he had more beer.
What happened at Belak's house remains unclear. According to testimony from Walsh heard Monday, he was the first person the alleged victim confided in on the morning of Mar. 10, 2009.
"As I can recall, she said, ‘Graham (Belak) raped me,' or ‘I think Graham raped me, and yes, she didn't think Shawn (McLaughlin) did anything,” Walsh testified.
This morning, the court learned from the husband's testimony that he was distraught when he awoke Sunday morning (Mar. 9, 2009) to an empty house; his wife had failed to return home from the party.
"At that time, I was really angry; ripped up the phone book and phoned Sean's house,” testified the husband.
"Could somebody please give me a call so I know my wife's not lying in a ditch somewhere?” said the husband, recalling the message he left on Walsh's answering machine.
At approximately 6:20 a.m., the husband testified, his wife returned home and received the brunt of his anger.
He said he yelled at her and expected her to apologize, but she didn't and retreated to the bedroom to sleep.
"She looked spaced out,” the husband recalled.
It would be more than 24 hours later that his wife confided in Walsh, who called police, then made arrangements for her to be examined by a physician.
On Monday, the attending physician who conducted the rape examination, Dr. Danielle Sergeeva, testified the alleged victim told her that McLaughlin held her arms above her head while Belak raped her.
At this point, the husband was still unaware of his wife's accusations against Belak and McLaughlin, only to find out when Walsh drove him to the Watson Lake RCMP detachment, where his wife was waiting following Sergeeva's examination.
Today, under cross-examination by the defence, Belak's lawyer suggested to the husband that his wife was afraid to say what really happened.
"Would you be even more furious if she had consensual sex with another person?” pressed McKay, to which the husband provided a somewhat ambiguous answer that included the pair had an "honest relationship.”
When McKay asked how angry the husband would be if he learned she had consensual sex with two males, the husband appeared incredulous.
"It's almost unfathomable to me ... suddenly she meets two people in one night and decides to have a threesome,” he replied.
The couple's marijuana use and the husband's anger issues loomed large in the defence's tactics. McKay pointed to an Aug. 5, 2009 incident in Whitehorse following the preliminary hearing for the case.
Then, the RCMP was called after the couple had a heated argument and determined it was best if they spent the evening apart.
The husband was also taken for a psychiatric evaluation because his wife expressed concerns his anger could take a violent turn.
While the husband testified he has never physically assaulted his wife, there were concerns, the court learned, that the husband might be homicidal.
"There were concerns from your wife that you might try to kill the police officers,” said McKay, to which the husband responded that he indeed had had such thoughts.
"The only think I could think about since that time was about killing them,” repeated the husband of a statement he previously made following his wife's allegations against Belak and McLaughlin.
Both officers were suspended with pay after the sexual assault allegations were made and have since left Watson Lake. The alleged victim and her husband have also left the town.
The alleged victim was to take the stand this afternoon.
In order to encourage thoughtful and responsible discussion, website comments will not be visible until a moderator approves them. Please add comments judiciously and refrain from maligning any individual or institution. Read about our user comment and privacy policies.
Your name and email address are required before your comment is posted. Otherwise, your comment will not be posted.
Be the first to comment